HWY. 7 EMBERS, INC. v. NORTHWESTERN NAT. BANK

Nos. 46710, 46711.

256 N.W.2d 271 (1977)

HWY. 7 EMBERS, INC., Appellant, v. NORTHWESTERN NATIONAL BANK and Charles Koehler, Executors of the Estate of G. F. Lohman, Respondents, Nella D. Lohman, et al., Respondents, Newcomb Brothers Nursery, Inc., Defendant.

Supreme Court of Minnesota.

Rehearing Denied August 9, 1977.


Attorney(s) appearing for the Case

Maslon, Kaplan, Edelman, Borman, Brand & McNulty and Hyman Edelman, Minneapolis, for appellant.

Taylor Law Firm and Elmer W. Foster, Minneapolis, for Lohman, et al.

Lewis E. Lohmann and Paul W. Lohmann, Minneapolis, for Lohman Heirs.

Heard before YETKA, SCOTT and WINTON, JJ., and considered and decided by the court en banc.


SCOTT, Justice.

This is an appeal from a judgment denying declaratory and injunctive relief and damages to plaintiff, Hwy. 7 Embers, Inc. (Embers). The matter at issue is the extent of an easement of view over property owned by G. F. Lohman1 and defendant Nella Lohman (Lohmans) and leased by defendant Newcomb Brothers Nursery, Inc. (Newcomb). Trial was to the court, which held that defendants' interpretation of the easement was correct...

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